State v. Bailey

HOLLAND, Justice.

The defendant, Gene Wayne Bailey, was tried before a jury in the Superior Court of Sussex County on charges of manslaughter and possession of a deadly weapon during the commission of a felony. Although he was acquitted of the manslaughter charge, Bailey was convicted by the jury of criminally negligent homicide and the weapon’s charge. Following the jury’s verdict, the trial judge granted the defendant’s motion for a judgment of acquittal. The State now appeals that post trial verdict.

The defendant opposes the appeal on jurisdictional grounds and upon the merits. On appeal,…